An interesting question, though one wonders if prosecutors would also pursue charges against Matt Kemp for repeatedly trying to instigate further violence. TCQ is an ass, and he was absolutely in the wrong by attacking Greinke, but Kemp was out of control, as evidenced by his post-game confrontation with TCQ between the clubhouses.

I was under the impression Kemp was upset that Padres players were making fun of Greinke for complaining about being hurt. In the moment, that's also instigation.